JAVED Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Special Judge, ndps, Delhi dated 14th January, 2005 convicting the appellant for the offence under Sections 21/61/85 under the Narcotic Drugs Psychotropic Substances act, 1985 (NDPS Act) and the order on sentence dated 20 th January, 2005 sentencing the appellant to undergo rigorous imprisonment for a term of 10 years along with a fine of Rs. 1,00,000/- (Rupees One Lakh Only), and in default of payment of fine to undergo six months further rigorous imprisonment.

(2.) THE aforesaid judgment and order on sentence were passed against the appellant for having been found to be in possession of four polythene packets each containing 250 gms of heroin, thus totalling 1 kg.

(3.) DURING the pendency of the present appeal, the learned counsel for the appellant relying on the judgment of this Court in Ansar Ahmed vs. State 123 (2005) DLT 563 submitted that the sealed sample of the heroin recovered be sent to the Forensic Science Laboratory (FSL) for a quantitative test to ascertain the percentage of diacetylmorphine. He further submitted that similar orders had been passed by this Court on 13th February, 2008 in Crl. A. No. 657/04 titled Gulrej Mian vs. State.